LAWS(SC)-2000-7-65

I T I LIMITED Vs. K CHANDRAGUPTA

Decided On July 20, 2000
I T I Limited Appellant
V/S
K Chandragupta Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the High Court of Karnataka, dismissing the L. P. A. filed by the employer against the judgment of the learned Single Judge.

(2.) The respondent was an employee under the Indian Telephone Industries in Category-H in the pay-scale of Rs. 835- 1490. On 1.4.1987 he was promoted as an Officer in Grade-l. His scale of pay in the promoted grade having alleged to have been fixed at a sum by which his basic pay in Category-H was being reduced, the respondent approached the High Court. The learned Single Judge as well as the Division Bench came to the conclusion that there has been a reduction in the basic salary of the respondent while fixing his salary in the promoted grade and, therefore, issued the necessary direction which is the subject-matter of this appeal.

(3.) On behalf of the employer-Indian Telephone Industries, it is contended before us that a settlement had been arrived at between the workmen and the management on 13,7.1989 giving it retrospective effect from 01. 01.1987. Pursuant to such settlement the basic pay of an employee in Category-H like the respondent would be Rs. 1330. 00 and the basic pay of the respondent was fixed in Grade-l on 01. 04.1987 at Rs. 2,600. 00 and, therefore, the conclusion of the High Court that his basic salary stood reduced is incorrect.